Common use of Nature of Liquidated Damages Clause in Contracts

Nature of Liquidated Damages. The Parties acknowledge and agree that it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Xxxxx as a result of Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date or to achieve (A) a Contract Capacity equal to at least ninety- 17 NTD: Amount to be provided by Xxxxx. 18 NTD: Amount to be provided by Xxxxx. five percent (95%) of the Expected Capacity and/or (B) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity. It is understood and agreed by the Parties that (i) Buyer shall be damaged by the failure of Seller to meet such obligations, (ii) it would be impracticable or extremely difficult to fix the actual damages resulting therefrom, (iii) any sums that would be payable under Section 3.7 or Section 3.9 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable, and shall be paid regardless of the amount of damages that Buyer actually sustains, (iv) each payment represents a reasonable estimate of fair compensation for the damages that may reasonably be anticipated from such failure, (v) each Party hereby waives any right to claim to any court or arbitral tribunal the adjustment of any such sums, and (vi) without limiting Section 15.2, any sums that would be creditable or payable under Section 3.7 or Section 3.9 are Buyer’s exclusive damages arising out of a delay in the commercial operation date or a reduction of contract capacity or storage contract capacity, as applicable, provided, that (i) Seller actually credits or pays Buyer any such amount and (ii) any such credit or payment shall not limit Buyer’s rights or remedies for any breach, default or Event of Default of Seller under this Agreement; provided, however, that Seller and Buyer agree that, if the condition in Part (i) of the foregoing proviso is satisfied, neither (x) Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date nor (y) Seller’s failure to achieve (1) a Contract Capacity equal to at least ninety-five percent (95%) of the Expected Capacity or (2) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity shall constitute, in and of itself, such a breach, default or Event of Default.

Nature of Liquidated Damages. The Parties acknowledge and agree that it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Xxxxx Buyer as a result of Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date or to achieve (A) a Contract Capacity equal to at least ninety- 17 NTD: Amount to be provided by XxxxxBuyer. 18 NTD: Amount to be provided by XxxxxBuyer. five percent (95%) of the Expected Capacity and/or (B) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity. It is understood and agreed by the Parties that (i) Buyer shall be damaged by the failure of Seller to meet such obligations, (ii) it would be impracticable or extremely difficult to fix the actual damages resulting therefrom, (iii) any sums that would be payable under Section 3.7 or Section 3.9 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable, and shall be paid regardless of the amount of damages that Buyer actually sustains, (iv) each payment represents a reasonable estimate of fair compensation for the damages that may reasonably be anticipated from such failure, (v) each Party hereby waives any right to claim to any court or arbitral tribunal the adjustment of any such sums, and (vi) without limiting Section 15.2, any sums that would be creditable or payable under Section 3.7 or Section 3.9 are Buyer’s exclusive damages arising out of a delay in the commercial operation date or a reduction of contract capacity or storage contract capacity, as applicable, provided, that (i) Seller actually credits or pays Buyer any such amount and (ii) any such credit or payment shall not limit Buyer’s rights or remedies for any breach, default or Event of Default of Seller under this Agreement; provided, however, that Seller and Buyer agree that, if the condition in Part (i) of the foregoing proviso is satisfied, neither (x) Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date nor (y) Seller’s failure to achieve (1) a Contract Capacity equal to at least ninety-five percent (95%) of the Expected Capacity or (2) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity shall constitute, in and of itself, such a breach, default or Event of Default.

Nature of Liquidated Damages. The Parties acknowledge and agree that it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Xxxxx as a result of Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date or to achieve (A) a Contract Capacity equal to at least ninety- 17 NTD: Amount to be provided by Xxxxx. 18 NTD: Amount to be provided by Xxxxx. five percent (95%) of the Expected Capacity and/or (B) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity. It is understood and agreed by the Parties that (i) Buyer shall be damaged by the failure of Seller to meet such obligations, (ii) it would be impracticable or extremely difficult to fix the actual damages resulting therefrom, (iii) any sums that would be payable under Section 3.7 or Section 3.9 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable, and shall be paid regardless of the amount of damages that Buyer actually sustains, (iv) each payment represents a reasonable estimate of fair compensation for the damages that may reasonably be anticipated from such failure, (v) each Party hereby waives any right to claim to any court or arbitral tribunal the adjustment of any such sums, and (vi) without limiting Section 15.2, any sums that would be creditable or payable under Section 3.7 or Section 3.9 are Buyer’s exclusive damages arising out of a delay in the commercial operation date or a reduction of contract capacity or storage contract capacity, as applicable, provided, that (i) Seller actually credits or pays Buyer any such amount and (ii) any such credit or payment shall not limit Buyer’s rights or remedies for any breach, default or Event of Default of Seller under this Agreement; provided, however, that Seller and Buyer agree that, if the condition in Part (i) of the foregoing proviso is satisfied, neither (x) Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date nor (y) Seller’s failure to achieve (1) a Contract Capacity equal to at least ninety-five percent (95%) of the Expected Capacity or (2) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity shall constitute, in and of itself, such a breach, default or Event of Default.

Nature of Liquidated Damages. The Parties acknowledge and agree that it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Xxxxx Buyer as a result of Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date or to achieve (A) a Contract Capacity equal to at least ninety- 17 NTD: Amount to be provided by Xxxxx. 18 NTD: Amount to be provided by Xxxxx. five percent (95%) of the Expected Capacity and/or (B) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity. It is understood and agreed by the Parties that (i) Buyer shall be damaged by the failure of Seller to meet such obligations, (ii) it would be impracticable or extremely difficult to fix the actual damages resulting therefrom, (iii) any sums that would be payable under Section 3.7 or Section 3.9 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable, and shall be paid regardless of the amount of damages that Buyer actually sustains, (iv) each payment represents a reasonable estimate of fair compensation for the damages that may reasonably be anticipated from such failure, (v) each Party hereby waives any right to claim to any court or arbitral tribunal the adjustment of any such sums, and (vi) without limiting Section 15.2, any sums that would be creditable or payable under Section 3.7 or Section 3.9 are Buyer’s exclusive damages arising out of a delay in the commercial operation date or a reduction of contract capacity or storage contract capacity, as applicable, provided, that (i) Seller actually credits or pays Buyer any such amount and (ii) any such credit or payment shall not limit Buyer’s rights or remedies for any breach, default or Event of Default of Seller under this Agreement; provided, however, that Seller and Buyer agree that, if the condition in Part (i) of the foregoing proviso is satisfied, neither (x) Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date nor (y) Seller’s failure to achieve (1) a Contract Capacity equal to at least ninety-five percent (95%) of the Expected Capacity or (2) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity shall constitute, in and of itself, such a breach, default or Event of Default.

Nature of Liquidated Damages. The Parties acknowledge and agree that it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Xxxxx Buyer as a result of Seller’s failure [to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date or or] 100 to achieve (A) a Contract Capacity equal to at least ninety- 17 NTD: Amount to be provided by Xxxxx. 18 NTD: Amount to be provided by Xxxxx. [ninety-five percent (95%) of of] 101 the Expected Capacity and/or (B) a Storage Contract Capacity equal to at least [ninety-five percent (95%) of of]102 the Storage Expected Capacity. It is understood and agreed by the Parties that (i) Buyer shall be damaged by the failure of Seller to meet such obligations, (ii) it would be impracticable or extremely difficult to fix the actual damages resulting therefrom, (iii) any sums that would be payable under [Section 3.7 or or]103 Section 3.9 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable, and shall be paid regardless of the amount of damages that Buyer actually sustains, (iv) each payment represents a reasonable estimate of fair compensation for the damages that may reasonably be anticipated from such failure, (v) each Party hereby waives any right to claim to any court or arbitral 98 NTD: Amount to be provided by Buyer. 99 NTD: Amount to be provided by Buyer. 100 NTD: Insert if the Facility is a developmental resource. 101 NTD: Insert if the Facility is a developmental resource. 102 NTD: Insert if the Facility is a developmental resource. 103 NTD: Insert if the Facility is a developmental resource. tribunal the adjustment of any such sums, and (vi) without limiting Section 15.2, any sums that would be creditable or payable under [Section 3.7 or or]104 Section 3.9 are Buyer’s exclusive damages arising out of [a delay in the commercial operation date or or]105 a reduction of contract capacity or storage contract capacity, as applicable, provided, that (i) Seller actually credits or pays Buyer any such amount and (ii) any such credit or payment shall not limit Buyer’s rights or remedies for any breach, default or Event of Default of Seller under this Agreement; provided, however, that Seller and Buyer agree that, if the condition in Part (i) of the foregoing proviso is satisfied, [neither (x) Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date nor (y) y)]106 Seller’s failure to achieve (1) a Contract Capacity equal to at least [ninety-five percent (95%) of of]107 the Expected Capacity or (2) a Storage Contract Capacity equal to at least [ninety-five percent (95%) of of]108 the Storage Expected Capacity shall [not] 109 constitute, in and of itself, such a breach, default or Event of Default.

Nature of Liquidated Damages. The Parties acknowledge and agree that it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Xxxxx as a result of Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date or to achieve (A) a Contract Capacity equal to at least ninety- 17 NTD: Amount to be provided by Xxxxx. 18 NTD: Amount to be provided by Xxxxx. five percent (95%) of the Expected Capacity and/or (B) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity. It is understood and agreed by the Parties that (i) Buyer shall be 18 NTD: Amount to be provided by Xxxxx. 19 NTD: Amount to be provided by Xxxxx. damaged by the failure of Seller to meet such obligations, (ii) it would be impracticable or extremely difficult to fix the actual damages resulting therefrom, (iii) any sums that would be payable under Section 3.7 or Section 3.9 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable, and shall be paid regardless of the amount of damages that Buyer actually sustains, (iv) each payment represents a reasonable estimate of fair compensation for the damages that may reasonably be anticipated from such failure, (v) each Party hereby waives any right to claim to any court or arbitral tribunal the adjustment of any such sums, and (vi) without limiting Section 15.2, any sums that would be creditable or payable under Section 3.7 or Section 3.9 are Buyer’s exclusive damages arising out of a delay in the commercial operation date or a reduction of contract capacity or storage contract capacity, as applicable, provided, that (i) Seller actually credits or pays Buyer any such amount and (ii) any such credit or payment shall not limit Buyer’s rights or remedies for any breach, default or Event of Default of Seller under this Agreement; provided, however, that Seller and Buyer agree that, if the condition in Part (i) of the foregoing proviso is satisfied, neither (x) Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date nor (y) Seller’s failure to achieve (1) a Contract Capacity equal to at least ninety-five percent (95%) of the Expected Capacity or (2) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity shall constitute, in and of itself, such a breach, default or Event of Default.

Nature of Liquidated Damages. The Parties acknowledge and agree that it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Xxxxx as a result of Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date or to achieve (A) a Contract Capacity equal to at least ninety- 17 NTD: Amount to be provided by Xxxxx. 18 NTD: Amount to be provided by Xxxxx. five percent (95%) of the Expected Capacity and/or (B) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity. It is understood and agreed by the Parties that (i) Buyer shall be damaged by the failure of Seller to meet such obligations, (ii) it would be impracticable or extremely difficult to fix the actual damages resulting therefrom, (iii) any sums that would be payable under Section 3.7 or Section 3.9 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable, and shall be paid regardless of the amount of damages that Buyer actually sustains, (iv) each payment represents a reasonable estimate of fair 17 NTD: Amount to be provided by Xxxxx. 18 NTD: Amount to be provided by Xxxxx. compensation for the damages that may reasonably be anticipated from such failure, (v) each Party hereby waives any right to claim to any court or arbitral tribunal the adjustment of any such sums, and (vi) without limiting Section 15.2, any sums that would be creditable or payable under Section 3.7 or Section 3.9 are Buyer’s exclusive damages arising out of a delay in the commercial operation date or a reduction of contract capacity or storage contract capacity, as applicable, provided, that (i) Seller actually credits or pays Buyer any such amount and (ii) any such credit or payment shall not limit Buyer’s rights or remedies for any breach, default or Event of Default of Seller under this Agreement; provided, however, that Seller and Buyer agree that, if the condition in Part (i) of the foregoing proviso is satisfied, neither (x) Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date nor (y) Seller’s failure to achieve (1) a Contract Capacity equal to at least ninety-five percent (95%) of the Expected Capacity or (2) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity shall constitute, in and of itself, such a breach, default or Event of Default.

Nature of Liquidated Damages. The Parties acknowledge and agree that it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Xxxxx as a result of Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date or to achieve (A) a Contract Capacity equal to at least ninety- 17 NTD: Amount to be provided by Xxxxx. 18 NTD: Amount to be provided by Xxxxx. five percent (95%) of the Expected Capacity and/or (B) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity. It is understood and agreed by the Parties that (i) Buyer shall be damaged by the failure of Seller to meet such obligations, (ii) it would be impracticable or extremely difficult to fix the actual damages resulting therefrom, (iii) any sums that would be payable under Section 3.7 or Section 3.9 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable, and shall be paid regardless of the amount of damages that Buyer 37 NTD: Amount to be provided by Xxxxx. 38 NTD: Amount to be provided by Xxxxx. actually sustains, (iv) each payment represents a reasonable estimate of fair compensation for the damages that may reasonably be anticipated from such failure, (v) each Party hereby waives any right to claim to any court or arbitral tribunal the adjustment of any such sums, and (vi) without limiting Section 15.2, any sums that would be creditable or payable under Section 3.7 or Section 3.9 are Buyer’s exclusive damages arising out of a delay in the commercial operation date or a reduction of contract capacity or storage contract capacity, as applicable, provided, that (i) Seller actually credits or pays Buyer any such amount and (ii) any such credit or payment shall not limit Buyer’s rights or remedies for any breach, default or Event of Default of Seller under this Agreement; provided, however, that Seller and Buyer agree that, if the condition in Part (i) of the foregoing proviso is satisfied, neither (x) Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date nor (y) Seller’s failure to achieve (1) a Contract Capacity equal to at least ninety-five percent (95%) of the Expected Capacity or (2) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity shall constitute, in and of itself, such a breach, default or Event of Default.

Nature of Liquidated Damages. The Parties acknowledge and agree that it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Xxxxx as a result of Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date or to achieve (A) a Contract Capacity equal to at least ninety- 17 NTD: Amount to be provided by Xxxxx. 18 NTD: Amount to be provided by Xxxxx. five percent (95%) of the Expected Capacity and/or (B) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity. It is understood and agreed by the Parties that (i) Buyer shall be damaged by the failure of Seller to meet such obligations, (ii) it would be impracticable or extremely difficult to fix the actual damages resulting therefrom, (iii) any sums that would be payable under Section 3.7 or Section 3.9 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable, and shall be paid regardless of the amount of damages that Buyer actually sustains, (iv) each payment represents a reasonable estimate of fair compensation for the damages that may reasonably be anticipated from such failure, (v) each Party hereby waives any right to claim to any court or arbitral 38 NTD: Amount to be provided by Xxxxx. 39 NTD: Amount to be provided by Xxxxx. tribunal the adjustment of any such sums, and (vi) without limiting Section 15.2, any sums that would be creditable or payable under Section 3.7 or Section 3.9 are Buyer’s exclusive damages arising out of a delay in the commercial operation date or a reduction of contract capacity or storage contract capacity, as applicable, provided, that (i) Seller actually credits or pays Buyer any such amount and (ii) any such credit or payment shall not limit Buyer’s rights or remedies for any breach, default or Event of Default of Seller under this Agreement; provided, however, that Seller and Buyer agree that, if the condition in Part (i) of the foregoing proviso is satisfied, neither (x) Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date nor (y) Seller’s failure to achieve (1) a Contract Capacity equal to at least ninety-five percent (95%) of the Expected Capacity or (2) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity shall constitute, in and of itself, such a breach, default or Event of Default.

Nature of Liquidated Damages. The Parties acknowledge and agree that it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Xxxxx Buyer as a result of Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date or to achieve (A) a Contract Capacity equal to at least ninety- 17 NTD: Amount to be provided by Xxxxx. 18 NTD: Amount to be provided by Xxxxx. five percent (95%) of the Expected Capacity and/or (B) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity. It is understood and agreed by the Parties that (i) Buyer shall be damaged by the failure of Seller to meet such obligations, (ii) it would be impracticable or extremely difficult to fix the actual damages resulting therefrom, (iii) any sums that would be payable under Section 3.7 or Section 3.9 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable, and shall be paid regardless of the amount of damages that Buyer actually sustains, (iv) each payment represents a reasonable estimate of fair compensation for the damages that may reasonably be anticipated from such failure, (v) each Party hereby waives any right to claim to any court or arbitral tribunal the adjustment of any such sums, and (vi) without limiting Section 15.2, any sums that would be creditable or payable under Section 3.7 or Section 3.9 are Buyer’s exclusive damages arising out of a delay in the commercial operation date or a reduction of contract capacity or storage contract capacity, as applicable, provided, that (i) Seller actually credits or pays Buyer any such amount and (ii) any such credit or payment shall not limit Buyer’s rights or remedies for any breach, default or Event of Default of Seller under this Agreement; provided, however, that Seller and Buyer agree that, if the condition in Part (i) of the foregoing proviso is satisfied, neither (x) Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date nor (y) Seller’s failure to achieve (1) a Contract Capacity equal to at least ninety-five percent (95%) of the Expected Capacity or (2) a Storage Contract Capacity equal 35 NTD: Amount to be provided by Buyer. to at least ninety-five percent (95%) of the Storage Expected Capacity shall constitute, in and of itself, such a breach, default or Event of Default.

Nature of Liquidated Damages. The Parties acknowledge and agree that it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Xxxxx as a result of Seller’s failure [to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date or or]99 to achieve (A) a Contract Capacity equal to at least [ninety- 17 NTD: Amount to be provided by Xxxxx. 18 NTD: Amount to be provided by Xxxxx. five percent FIVE PERCENT (95%) of the Expected Capacity and/or OF] 100 THE EXPECTED CAPACITY AND/OR (B) a Storage Contract Capacity equal to at least ninetyA STORAGE CONTRACT CAPACITY EQUAL TO AT LEAST [NINETY-five percent FIVE PERCENT (95%) of the Storage Expected CapacityOF]101 THE STORAGE EXPECTED CAPACITY. It is understood and agreed by the Parties that IT IS UNDERSTOOD AND AGREED BY THE PARTIES THAT (iI) Buyer shall be damaged by the failure of Seller to meet such obligationsBUYER SHALL BE DAMAGED BY THE FAILURE OF SELLER TO MEET SUCH OBLIGATIONS, (iiII) it would be IT WOULD BE impracticable or extremely difficult to fix the actual damages resulting therefrom, (iii) any sums that would be payable under [Section 3.7 or or]102 Section 3.9 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable, and shall be paid regardless of the amount of damages that Buyer actually sustains, (iv) each payment represents a reasonable estimate of fair compensation for the damages that may reasonably be anticipated from such failure, (v) each Party hereby waives any right to claim to any court or arbitral 97 NTD: Amount to be provided by Xxxxx. 98 NTD: Amount to be provided by Xxxxx. 99 NTD: Insert if the Facility is a developmental resource. 100 NTD: Insert if the Facility is a developmental resource. 101 NTD: Insert if the Facility is a developmental resource. 102 NTD: Insert if the Facility is a developmental resource. tribunal the adjustment of any such sums, and (vi) without limiting Section 15.2, any sums that would be creditable or payable under [Section 3.7 or or]103 Section 3.9 are Buyer’s exclusive damages arising out of [a delay in the commercial operation date or or] 104 a reduction of contract capacity or storage contract capacity, as applicable, provided, that (i) Seller actually credits or pays Buyer any such amount and (ii) any such credit or payment shall not limit Buyer’s rights or remedies for any breach, default or Event of Default of Seller under this Agreement; provided, however, that Seller and Buyer agree that, if the condition in Part (i) of the foregoing proviso is satisfied, [neither (x) Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date nor (y) y)]105 Seller’s failure to achieve (1) a Contract Capacity equal to at least ninetyEQUAL TO AT LEAST [NINETY-five percent FIVE PERCENT (95%) of the Expected Capacity or OF]106 THE EXPECTED CAPACITY OR (2) a Storage Contract Capacity equal to at least ninetyA STORAGE CONTRACT CAPACITY EQUAL TO AT LEAST [NINETY-five percent FIVE PERCENT (95%) of the Storage Expected Capacity shall constituteOF]107 THE STORAGE EXPECTED CAPACITY SHALL [NOT] 108 CONSTITUTE, in and of itselfIN AND OF ITSELF, such a breachSUCH A BREACH, default or Event of DefaultDEFAULT OR EVENT OF DEFAULT.